Who May File a Bad Faith Claim? - Gainesville Bad Faith Attorney Explains

Bad faith claims against insurance companies is a complex area of law. In this article Gainesville and Ocala Attorney, Jeffrey Meldon, helps shed some light on this complex issue by explaining who may lawfully file a bad faith claim against an insurance company. Here is the information:

First Party Actions

Traditionally, Bad Faith lawsuits are made by the insured against his or her own insurance carrier ("insurer"). The insured (you) is typically the defendant in the initial civil matter who is being sued for damages arising from the original incident. By filing a Bad Faith claim, the insured/defendant becomes the plaintiff of this second lawsuit and his insurance carrier is the defendant. This type of Bad Faith claim is called a First Party action. Keep in mind that the Bad Faith claim is independent to the initial lawsuit. In other words, the insured/plaintiff in a Bad Faith claim remains the defendant in the first lawsuit.

Third Party Actions

Florida law does not limit Bad Faith claims to the insured. Instead, the Florida Supreme Court extended the right to bring a Bad Faith lawsuit to those injured who are not insured or covered by the insurance carrier in question. Such individuals are referred to as Third Parties because they do not have a direct connection or relationship with the insurer. Florida law allows a third party plaintiff to directly sue an insurance carrier for a bad faith cause of action.


For further clarification, let us revisit the hypothetical auto accident in which Mr. Smith sues Mr. Jones for damages. If Mr. Jones's insurer does not attempt to resolve the matter in good faith, Mr. Jones may sue his carrier in a First Party Bad Faith action. Additionally, if Mr. Smith decides that Mr. Jones's carrier (not his own carrier) is acting in bad faith, he has the right to bring a Third Party Bad Faith action against Mr. Jones's carrier as well. This same principle would apply to anyone else who was injured from the auto accident, such as pedestrians or passengers.

In short, First Party Bad Faith actions must have the insured as the injured plaintiff; Third Party Bad Faith actions can include any party injured from the original incident.

As you can see, this is a very complex area of law, and one that you will need the assistance of an experienced lawyer in order to be treated fairly. Feel free to call me at 800 373 8000. Consultations are always free.

For more information:

Bad Faith Denial of Claims by Insurance Companies


What Is A Bad Faith Insurance Claim? Do I Have a Claim? Gainesville and Ocala Attorney Helps Answer

Bad Faith Lawsuits - Experienced Gainesville Accident Attorney Offers Help





We at the Law Office of Jeffrey Meldon and Associates strongly believe that public education is the first step in the prevention of an accident or in the recovery from one.  

We are experienced personal injury attorneys, trial lawyers, negotiators, litigators, paralegals, and staff that have been proudly working to get accident victims the justice they deserve for over 30 years in Gainesville, Ocala, Lake City, Inverness, and the rest of North Central Florida and North Florida. Accidents involving a car crash, truck wreck, and motorcycle, bicycle, or pedestrian accidents, dog bites, slip and falls and medical malpractice are all included in our practice.

Based on Jeffrey Meldon's, founder of The Law Office of Jeffrey Meldon & Associates, over 30 years of helping accident victims get justice and a fair shake from the insurance companies, he has written the consumer guide book, Seven Mistakes That Can Wreck Your Florida Accident Case.  You can request your free, no obligation copy right now, or contact our office for your complimentary copy sent to you today.

Contact the Law Office of Jeffrey Meldon at (800) 373-8000 or (352) 373-8000 immediately if you have been involved in a serious auto, truck, or motorcycle accident.  We are in your community, have the experience and resources required to work towards obtaining a fair settlement for you - we are here to help you.

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